People v. Hayes CA2/1

BACKGROUND

Defendant was charged with the second degree burglary of a medical marijuana dispensary. The information alleged he had two prior serious felony convictions within the scope of the “Three Strikes” law and section 667, subdivision (a)(1), and had served six prior prison terms within the scope of section 667.5, subdivision (b). On May 29, 2013, the eve of trial, defendant accepted the prosecutor’s plea offer. Defendant was advised of and waived his rights, and in accordance with the plea agreement, he pleaded no contest to second degree burglary and admitted one strike allegation. In accordance with the plea agreement, the trial court sentenced defendant to six years in prison. The court ordered him to pay, inter alia, a $1,680 section 1202.4, subdivision (b) restitution fine. It scheduled a hearing on victim restitution for June 7, 2013. That hearing was later continued to July 26, 2013, but the victim did not appear and the court took the hearing off calendar. On September 9, 2013, defendant filed a notice of appeal indicating it was from the judgment of the superior court “entered May 28th 2013.” The clerk of the superior court accepted this notice and filed it.…